DA reports Judge Jansen to the Judicial Services Commission
9 May 2016
The DA will refer the Judge Mabel Jansen matter to the Judicial Services Commission’s (JSC) Judicial Conduct Committee for a review of whether an investigation is in order following what appears to be racism expressed on the social media platform, Facebook.
Given the gravity of this complaint; it is important that this committee is apprised of all the facts in this regard and satisfies itself that Judge Jansen indeed acted in contravention of her judicial oath.
We have also requested that the South African Human Rights Commission conduct their own investigation into the matter.
The Judge’s comments that rape is part of black culture is not only hurtful and demeaning, but fundamentally undermines the dignity of our people, and in doing so, violates the Constitution of the Republic of South Africa.
Article 7(a) of the Code of Judicial Conduct states that a judge must at all times “personally avoid and dissociate him- or herself from comments or conduct by persons subject to his or her control that are racist, sexist or otherwise manifest discrimination in violation of the equality guaranteed by the Constitution”
Judge Jansen's comments on social media seem at odds with this code. The JSC is empowered in terms of Section 177(1) of the Constitution to recommend that a judge be removed for amongst other things, gross misconduct, following an investigation.
Racism is not welcome in our constitutional democracy. It offends the very pillars of our democracy and undermines the vision of Nelson Mandela that South Africa is one nation, united in our diversity, belonging to all who live in it. It also stands opposed to the DA’s Vision of One Nation with One Future – based on the values of Freedom, Fairness and Opportunity.
We therefore urge that this constitutionally set out investigation be initiated and that this serious matter receive the necessary attention that it deserves.
Issued by Glynnis Breytenbach, DA Shadow Minister of Justice, 9 May 2016
